Adverse action

Adverse action is certain types of action that is unlawful if it is taken for particular reasons. The FW Act describes what types of action is adverse action.

Adverse action taken by an employer includes doing, threatening or organising any of the following:

  • dismissing an employee
  • injuring an employee in their employment
  • altering an employee’s position to their prejudice
  • discriminating between one employee and other employees
  • refusing to employ a prospective employee
  • discriminating against a prospective employee on the terms and conditions in the offer of employment.

The full meaning of ‘adverse action’ is described in section 342 of the FW Act.

Basic page
Australian Building and Construction Inspectors (ABC Inspectors) are appointed under the Building and Construction Industry (Improving Productivity) Act (BCIIP Act).
19 August 2018
News
The ABCC has commenced Federal Court action against the CFMMEU and seven officials alleging they targeted Wollongong crane company WGC Cranes and its workers as part of a campaign to coerce the company to sign up to a new CFMMEU enterprise agreement.
19 November 2019
Legal Case
On 25 September 2019, the Federal Circuit Court in Brisbane penalised Devine Constructions, its general manager and a senior employee $38,000 for refusing to engage a steel fabrication company because it did not have a CFMEU enterprise agreement.
31 August 2018
Basic page
If you’re a code covered entity on Commonwealth funded building work (because you expressed interest in or tendered for the work on or after 2 December 2016), you must meet certain requirements of the Code when engaging a subcontractor on that project.
19 August 2018
Basic page
What is freedom of association? All employees and contractors have the right to join or not join a union. This is called freedom of association. It can be unlawful for workers to be pressured by a union or by their employer to make a decision about joining, not joining or leaving a union.
19 August 2018
Basic page
For funding entities, the Code sets out several requirements for entering into contracts related to directly Commonwealth funded building work. We’ve outlined these requirements for you below.
19 August 2018
Basic page
Enforcing Commonwealth workplace laws is the means by which the ABCC provides an improved workplace relations framework for building work to ensure that building work is carried out fairly, efficiently and productively.
19 August 2018
News
The Federal Circuit Court in Brisbane has penalised Devine Constructions, its general manager and a senior employee $38,000 for refusing to engage a steel fabrication company because it did not have a CFMEU enterprise agreement.
25 September 2019
Basic page
Protected industrial action—strike payIf an employee takes part in protected industrial action, which is not a partial work ban their employer must deduct money from their pay.
19 August 2018
Legal Case
The ABCC* alleged that the CFMEU and CEPU were involved in unlawful industrial action taken by workers on the Queensland Children’s Hospital, Brisbane Convention and Exhibition Centre and Queensland Institute of Medical Research construction projects on 24, 25 and 26 May 2011.
31 August 2018

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